§ 301b. Special pay: aviation career officers extending period of active duty

Type Statute

Publication 2024-04-08

State In force

Department United States Congress

Source OLRC

§ 301b. Special pay: aviation career officers extending period of active duty

(a) Bonus Authorized.— An aviation officer described in subsection (b) who, during the period beginning on January 1, 1989, and ending on December 31, 2018, executes a written agreement to remain on active duty in aviation service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

(b) Covered Officers.— An aviation officer referred to in subsection (a) is an officer of a uniformed service who—

(1) is entitled to aviation career incentive pay under section 301a of this title;

(2) is in a pay grade below pay grade O–7;

(3) is qualified to perform operational flying duty; and

(4) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment.

(c) Amount of Bonus.— The amount of a retention bonus paid under this section may not be more than $25,000 for each year covered by the written agreement to remain on active duty.

(d) Proration.— The term of an agreement under subsection (a) and the amount of the bonus under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 25 years of aviation service.

(e) Payment of Bonus.— Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments.

(f) Additional Pay.— A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled.

(g) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

(h) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.

(i) Reports.—

(1) Not later than February 15 of each year, the Secretaries concerned shall submit to the Secretary of Defense a report analyzing the effect of the provision of retention bonuses to aviation officers during the preceding fiscal year on the retention of qualified aviators.

(2) Not later than March 15 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of the reports submitted to the Secretary under paragraph (1) with regard to the preceding fiscal year, together with such comments and recommendations as the Secretary considers appropriate.

(j) Definitions.— In this section:

(1) The term “aviation service” means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.

(2) The term “operational flying duty” has the meaning given such term in section 301a(a)(6)(B) of this title.

Editorial Notes

Amendments

2017—Subsec. (a). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (a). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (a). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (a). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (a). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (a). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (a). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (a). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 624(a), substituted “December 31, 2006” for “December 31, 2005”.

Subsec. (g). Pub. L. 109–163, § 687(b)(1), amended heading and text of subsec. (g) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment of bonus required when officer fails to complete total period of active duty.

2004—Subsec. (a). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.

2003—Subsec. (a). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.

2002—Subsec. (a). Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”.

2001—Subsec. (a). Pub. L. 107–107, § 614(a), substituted “December 31, 2002” for “December 31, 2001”.

Subsec. (b)(4). Pub. L. 107–107, § 616(a), inserted “or is within one year of completing such commitment” before period at end.

2000—Subsec. (a). [Pub. L. 106–398, § 1 [div. A], title VI, § 623(a)], substituted “December 31, 2001,” for “December 31, 2000,”.

Subsec. (j)(2). [Pub. L. 106–398, § 1 [div. A], title X, § 1087(b)(1)], substituted “section 301a(a)(6)(B)” for “section 301a(a)(6)(A)”.

1999—Subsec. (a). Pub. L. 106–65, § 613(a), substituted “December 31, 2000,” for “December 31, 1999,”.

Subsec. (b)(2). Pub. L. 106–65, § 615(a)(1), (4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “is in an aviation specialty designated by the Secretary concerned (with the approval of the Secretary of Defense in the case of the Secretary of a military department) as a critical aviation specialty;”.

Subsec. (b)(3). Pub. L. 106–65, § 615(a)(4), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Pub. L. 106–65, § 615(a)(2), substituted “grade O–7” for “grade O–6”.

Subsec. (b)(4). Pub. L. 106–65, § 615(a)(4), redesignated par. (6) as (4). Former par. (4) redesignated (3).

Pub. L. 106–65, § 615(a)(3), inserted “and” at end.

Subsec. (b)(5). Pub. L. 106–65, § 615(a)(1), struck out par. (5) which read as follows: “has completed at least six but less than 13 years of aviation service; and”.

Subsec. (b)(6). Pub. L. 106–65, § 615(a)(4), redesignated par. (6) as (4).

Subsec. (c). Pub. L. 106–65, § 615(b), substituted “may not be more than $25,000 for each year covered by the written agreement to remain on active duty.” for “may not be more than—” and struck out pars. (1) and (2) which read as follows:

“(1) $25,000 for each year covered by the written agreement, if the officer agrees to remain on active duty to complete 14 years of commissioned service; or

“(2) $12,000 for each year covered by the written agreement, if the officer agrees to remain on active duty for one, two, or three years.”

Subsec. (d). Pub. L. 106–65, § 615(c), substituted “25 years of aviation service” for “14 years of commissioned service”.

Subsec. (g)(3). Pub. L. 106–65, § 615(f), struck out at end “This paragraph applies to any case commenced under title 11 after January 1, 1989.”

Subsec. (i)(1). Pub. L. 106–65, § 615(d), struck out last sentence which read as follows: “Each report shall include—

“(A) a comparison of the cost of paying bonuses to officers who enter into an agreement for the period referred to in subsection (c)(1) with the cost of paying bonuses to officers who enter into an agreement for a period referred to in subsection (c)(2); and

“(B) a description of the increase in the retention of qualified aviators as a result of the program.”

Subsec. (i)(2). Pub. L. 106–65, § 1067(2), substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

Subsec. (j)(2) to (4). Pub. L. 106–65, § 615(e), redesignated par. (4) as (2) and struck out former pars. (2) and (3) which read as follows:

“(2) The term ‘aviation specialty’ means a specific community of pilots identified by type of aircraft or weapon system or a specific community of other designated aeronautical officers so identified.

“(3) The term ‘critical aviation specialty’ means an aviation specialty in which there exists a shortage of officers on the date of designation under subsection (b).”

1998—Subsec. (a). Pub. L. 105–261, § 613(a), substituted “December 31, 1999,” for “September 30, 1999,”.

Subsec. (b)(5). Pub. L. 105–261, § 615(c)(2), substituted “aviation service” for “active duty”.

Subsec. (j)(1). Pub. L. 105–261, § 615(a)(2), added par. (1) and struck out former par. (1) which read as follows: “The term ‘aviation service’ means the service performed by an officer holding an aeronautical rating or designation (except a flight surgeon or other medical officer).”

1997—Subsec. (a). Pub. L. 105–85, § 613(a), substituted “September 30, 1999” for “September 30, 1998”.

Subsec. (c)(1). Pub. L. 105–85, § 616(a)(1), substituted “$25,000” for “$12,000”.

Subsec. (c)(2). Pub. L. 105–85, § 616(a)(2), (b), substituted “$12,000” for “$6,000” and “one, two, or three years” for “one or two years”.

Subsec. (i)(1). Pub. L. 105–85, § 616(c), inserted “and” at end of subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “an examination of the desirability of targeting the retention bonus program toward officers in a critical aviation specialty rather than on the basis of experience or other criteria.”

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